Search Cullman County Probate Court Records
Cullman County probate court records are kept by the Judge of Probate at the Cullman courthouse. The office handles estate administration, will probate, guardianship proceedings, conservatorship appointments, adoption records, name changes, mental health commitments, and real property transfers. Under Alabama Code Section 12-13-1, the probate court has original area over these matters. Records are classified as public documents under Section 36-12-40 except. Where confidentiality is needed by law. The probate office also processes vehicle titles, marriage certificates filed after August 2019, business licenses,. And notary applications. Estate files, wills, and guardianship proceedings are available for public inspection during regular business hours. Online access options may be available through the county's record system.
Cullman County Quick Facts
How to Access Cullman County Probate Records
Probate Court Office
The Cullman County probate court is found at the courthouse in Cullman. Under Alabama Code Section 12-13-1, the probate court has original area over estate administration, will probate, guardianship. And conservatorship proceedings, adoptions, name changes, and related matters. The Judge of Probate is an elected official serving a six-year term and is responsible for keeping all court records and proceedings. Estate administration files, probated wills, guardianship case files,. And property records are kept at this office. Public access to most probate records is allowed under Alabama Code Section 36-12-40,. Which classifies probate court records as public writings available for examination by all persons.
Interested parties may visit the probate court during regular business hours to search for. And review records. Staff can assist with finding specific case files. When gave with names, dates, or case numbers. Researchers should bring photo identification. And be prepared to give details about the records being sought. Original documents remain in the custody of the probate court and cannot be removed from the office. Copies can be requested from court staff for applicable fees.
Probate Court Contact Information
Address: Cullman County Courthouse, 500 2nd Avenue SW, Cullman, AL 35055
Phone: (256) 775-4665
Office Hours: 8:00am to 4:30pm, Monday – Friday
Online Record Access
Online access to Cullman County probate records may be available through county-kept databases. Or third-party platforms. Many Alabama counties now give web-based search systems. That allow users to search probate case indexes and view document images remotely. Online systems usually offer free index searching with fees charged only for viewing. Or downloading actual documents. The extent of online access varies a lot by county based on digitization efforts and available resources.
Some counties use commercial platforms like Landmark WEB, Ingenuity,. Or Syscon Online to give public access to probate records. Other counties keep their own custom database systems accessible through county websites. Urban counties usually offer more full online access with records dating back to the 1800s in some cases. Rural counties may have limited online systems or no remote access options. Searchers should contact the probate office straight to find out what online services are now available for Cullman County.
Types of Probate Records in Cullman County
Estate Administration Records
Estate files are the most common type of probate record. When someone dies, their estate must be administered through the probate court in the county of their residence. The process begins with filing a petition for letters testamentary if there is a will. Or letters of administration for intestate estates. Alabama law needs wills to be filed within five years of death. Under Alabama Code Section 43-2-350, creditors have six months from grant of letters. Or five months from first publication to file claims against the estate.
A full estate file contains the original will. Or petition for administration, letters issued by the court, inventory. And appraisement filed within two months per statute, creditor claims, accountings, receipts and releases, and final settlement documents. Files may also include petitions for sale of property, family allowances,. And court orders on contested matters. Estate records remain permanently in the probate court archives. And do not expire. These files give valuable information about deceased persons, property ownership, family relationships,. And asset distribution.
Guardianship and Conservatorship Records
The probate court appoints guardians for minors and incapacitated persons under Alabama Code Title 26, Chapter 2A. A guardian manages personal welfare. And healthcare decisions while a conservator handles financial affairs and property management. Guardianship proceedings begin with a petition setting the need for appointment. The court must find clear and convincing evidence of incapacity before appointing a guardian for an adult.
Guardianship case files include the initial petition, medical evidence or certificates, appointment orders, bond filings, annual accountings and reports, court orders approving expenditures or actions, and final discharge orders when the guardianship terminates. Conservators must file detailed annual accountings showing all financial transactions. These records are public unless sealed by court order, though recent privacy rules may restrict access to certain personal information about incapacitated persons.
Adoption Records
Probate courts in Alabama have area over adoption proceedings. However, adoption records are sealed by statute once the final decree is entered. Under Alabama Code Title 26, Chapter 10A, identifying information from adoption files cannot be disclosed except by court order. Before a final decree is rendered, only the petitioner, the petitioner's attorney, the preplacement investigator, and any attorney for the minor have access to the records.
An adoptee who reaches age 19 may petition the probate court for disclosure of identifying information about biological parents. The court will not release such information without the consent of the biological parent unless the court finds out disclosure is in the best interest after weighing all factors. Natural parents may consent in writing under oath to allow disclosure when the adoptee reaches 19. Sealed adoption records are not available for general public inspection.
Name Change Records
Name change petitions are filed in the probate court of the county. Where the petitioner lives under Alabama Code Title 12, Chapter 13. The process needs filing a verified petition with the probate court. Notice must be given to interested parties as needed by Alabama Rules of Civil Procedure. For child name changes, notice must be gave to both parents unless waived. The court must find compliance with notice requirements, good. And enough reason for the change,. And that the change is consistent with the public interest before granting the petition.
Name change files contain the verified petition, proof of notice. Or waivers, and the court's order granting or denying the petition. These records are usually public unless sealed for specific reasons like domestic violence protection or witness protection programs. Name change records can be useful for genealogical research. Or tracing individuals through different surnames.
Fees and Costs
Alabama Code Section 12-19-90 sets a statutory fee schedule for probate court services statewide. The statute sets standard fees for common probate transactions. But does not repeal local laws that may prescribe different fees for judges of probate. As a result, actual fees charged may vary between counties. The Cullman County probate court follows either the statutory schedule. Or a local fee schedule if one has been adopted.
Standard fees under Section 12-19-90 include:
- certified copies: $2.00-$5.00 per document plus page fees
- will probate (5 pages or less): $45.00 includes three certified copies of letters
- uncertified copies: $0.50-$2.00 per page depending on county
- filing petitions: $3.00 per petition or paper filed
- letters of administration: $45.00 includes three certified copies
Fees are subject to change. Contact the Cullman County probate office at (256) 775-4665 for the current full fee schedule. Payment is usually needed at the time of filing. Or when requesting copies. Most probate offices accept cash, checks, money orders,. And in some cases credit or debit cards. Certified funds may be needed for certain transactions.
Online Access Fees
Counties that give online record access usually charge fees for viewing. Or downloading document images. Online fees usually range from $0.10 to $0.50 per page for document viewing and $0.50 to $2.00 per page for downloads. Some systems charge a flat fee per document regardless of page count. Index searching is usually free with charges assessed only. When accessing actual documents. Online payment is processed through secure payment gateways at the time of access.
Legal Framework and Statutes
Probate court procedures and requirements in Cullman County are governed by Alabama state statutes. The primary legal authorities include:
Probate Court Jurisdiction
Alabama Code Section 12-13-1 sets the general area of probate courts. The statute grants probate courts original and general area over granting letters testamentary and of administration, repeal or revocation of such letters, and all matters relating to estate administration, guardianships, conservatorships, and other proceedings stated by law.
Estate Administration
Alabama Code Title 43, Chapter 2 contains full provisions governing estate administration. This chapter covers the duties. And liabilities of personal representatives, requirements for inventories and accountings, procedures for selling estate property, payment of debts and claims, and distribution to heirs or beneficiaries. Alabama Code Section 43-2-350 needs claims against estates to be filed within six months after grant of letters. Or five months from first publication of notice to creditors.
Alabama Probate Code
Title 43, Chapter 8 comprises the Alabama Probate Code,. Which defines the probate court as the court having area in matters relating to decedents' estates. The chapter includes provisions on intestate succession, will execution requirements, will contests,. And general definitions. Alabama Code Section 43-8-40. And below sections set how property passes when someone dies without a valid will.
Guardianship and Conservatorship
Alabama Code Title 26, Chapter 2A is the Alabama Uniform Guardianship and Protective Proceedings Act. This act took effect in January 1988 and governs the appointment and duties of guardians and conservators for incapacitated persons and minors. The law distinguishes between guardians who manage personal and healthcare decisions and conservators who handle financial matters and property.
Public Records Access
Alabama Code Section 36-12-40 classifies probate court records as public writings that are free for examination by all persons whether interested or not. Recent amendments in 2024 clarified. That public officers are not obligated to respond to requests that are vague, ambiguous, overly broad, or unreasonable in scope. The Alabama Supreme Court issued full privacy rules effective January 1, 2025, setting categories of confidential information exempt from public access.
Small Estates
Alabama Code Section 43-2-692 and below sections comprise the Alabama Small Estates Act. This statute gives a simplified procedure for distributing personal property of deceased persons through summary administration when the estate value does not exceed limits adjusted annually for inflation. Small estate procedures allow for faster distribution without full probate administration in qualifying cases.
Cullman County Probate Court Resources
Nearby Counties
For probate court records in adjacent counties, see: